Stopped her benefits? Not all of them.
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Christine’s Employment and Support Allowance (ESA) was allowed to continue, but her PIP along with a mobility car were withdrawn.
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Although the removal of the DLA(see the letter in the article) would've led to the reduction of ESA by the removal of the supplements.
The mobility component was going on the car, so that wasn't a financial loss.
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The mother-of-one claims the assessment report was “full of blatant lies”. She said: “They said she could walk 200 metres based on her having hobbled from the sofa to the door to let them in.
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Immaterial to her financial situation.
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The assessor had also said her surgery scars didn’t look that bad, but they’d only asked to see the ones on her legs. The scars on her tummy were seeping and bandaged up.”
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Not relevant to DLA/PIP.
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“The report also said her being able to sit with her feet tucked underneath her legs meant she was fine, but she did this to try to avoid bed sores because she was so immobile.
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Not quite sure what the relevance of that is meant to be to the assessment. It can't really be used to assess ability to bend down, as sitting like that, whilst is bending the knees, isn't doing it under the load of the body.
The main issue that wouldn't have been understood, is that the rules for DLA and PIP are different. PIP is a points based system. That made DLA care component easier to qualify for. Whilst she would've received 2 points for the feeding tube and another 2 for the colostomy bag, she would've needed a minimum of 8 points to receive anything.
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She had family and friends visiting daily to help with her care needs.
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The extent to which they were helping her, and how much of it was necessary would've been the key.
The problem with the missing DS1500 form might've been that there was no current PIP claim for it to be connected with. Control of the appeal would've handed over to the Tribunals service. There would not be direct communication with the DWP from that point onwards. The DS1500 would've had to be sent to the Tribunals service, where they would've automatically copied to the DWP. The DWP should've then looked at it and automatically awarded enhanced Daily Living PIP along with the ESA supplements. If that had been done, it might still have taken longer than the new PIP claim route, as the Tribunals service just deal with the paperwork at that stage. They don't assess it.
Several years ago(before the newer rules), I had to appeal to the Tribunals service and sent back the form "too quickly". The Tribunals Service received my form before they received the request from the DWP. According my form had no appeal reference to attach it to. The Tribunals Service had effectively "lost" it.
She should've been advised to put in a new PIP claim. With the DS1500, it would've been quickly approved.